BOARD OF COMMISSIONERS'
June 13, 2007
Board of Health)
Stewart presided with Commissioners Bill Dwyer, Bill Fleenor, Bobby Green, Sr.,
and Peter Sorenson present. County
Administrator Bill Van Vactor, County Counsel Teresa Wilson and Recording
Secretary Melissa Zimmer were also present.
1. ADJUSTMENTS TO THE AGENDA
Fleenor requested Consent Calendar items 4 D1 and 4
D2 be pulled for comments. Green
added 7 b under Commissioners’ Business regarding information from Amber
Fossen. Stewart added item 7 b a
letter of support for LCOG for a federal grant and 7 c staff direction on
addressing Van Vactor’s retirement. Sorenson
asked for a discussion of the Board’s summer road tour meetings. Item 10 a is a discussion item.
Leah Patton, Florence,
said for more than 50 years she has been involved in government.
She said the single most important trait anyone could have is integrity.
She said that the commissioners are about to nominate current Mayor of
Florence, Phil Brubaker for the Regional Investment Board. She opposed the
nomination of Brubaker for that position. She
believes that Brubaker has misled local citizens regarding issues of importance
to the community. She didn’t
think Brubaker was the wisest choice for the position.
Richard Bruce Jarvis,
Florence, had concerns about the appointment of Mayor Brubaker. He commented that under Mayor Brubaker the city is wrapped in
controversy, including a financial conflict of interest.
He didn’t think that Brubaker was a good choice at this point.
Dawn Lesley, Eugene, supported an increase in a waste
management tipping fee. She
said as a citizen she is concerned about the deterioration of much of the public
infrastructure and services and Waste Management is a department that works.
She commented that responsible planning and carefully administered
pay-as-you-go services have resulted in a healthy pro-active system that
protects the health and environment. She
said the County’s Waste Management Department needs to charge fees that
support present and future landfill operations and encourages waste production
and diversion with recycling as much as possible.
She encouraged the Board to raise the fee.
Eugene, said research by poling of random samples of local citizens could yield
information that would let the Board understand voters and help them understand
County government. He said the
poling should be in considerable detail to clarify issues including what
services citizens want prioritized and what services the County has mandated and
resources to deliver. He indicated
that citizens want affordable education, health care and housing more than
improve roads and public safety.
City of Eugene, said she is the Building and Permit Services Manager at the City
of Eugene including public waste and recycling programs.
She said she is also on Lane County’s Resource Recovery and Advisory
Committee. She supported the proposed increase in Lane County’s disposal fees.
She commented that the current disposal fee is too low to provide enough
incentive to change waste habits. She
thought there should be an increase because there hasn’t been an increase in
tipping fees in over 12 years. She
added the city hasn’t increased rates since 2001 and the commercial rates
haven’t increased since 2003. She
stated by increasing the rates now, they can create stability in the future.
Deadwood, read about the cuts dealing with the budget shortfall. She noted that
one proposed cut was elimination of an assessor.
She advocated against reducing the Assessor’s budget. She said it needs a short term increase in funding, not a
cut. She indicated that four years
ago she built a new home and it has yet to be assessed so she is not paying
property taxes. She wanted the
department to eliminate the backlog so everyone pays a fair share.
Director of Bring Recycling, Eugene, supported the waste management increase.
She urged the Board to consider a larger increase than what is being
requested and to put tip fees in the $75 to $90 ton range in order to leverage
waste based job creation and economic development opportunities for the
community. She indicated that ten
times as many jobs are created when waste is recycled instead of dumped.
She stated the County has made a wise investment by allocating economic
development dollars to reuse and recycling enterprises and to leverage that with
higher tip fees to provide incentive for waste base businesses.
Eugene, stated she is the Chair of the Resource Recovery Advisory Committee.
She asked the Board to raise the tipping fee more than what staff is
suggesting. She commented that it
should cost more to waste than to re-use and recycle and presently the County
filling the landfill is the easy way to go. She stated that an increase in the
tipping fee will encourage recycling that is in everyone’s best interest.
Eugene, read a letter to the Board
about the Emerald Valley Paintball Club. He
said it is time the County recognizes paintball as a legitimate form of
recreation and to support them in their efforts to provide a regulated and
designated outdoor field. He indicated that they have obtained permission from
property owners throughout Lane County and the surrounding area to use their
properties. He added that the
property owners are not receiving any monetary gain and the Emerald Valley
Paintball Club receives no income other than dues the members pay to be part of
the club. He said if the County
finds that paintball activities are illegal, they requested that they be
notified as soon as possible so they may be able to make changes if necessary.
He said it is their goal to find a permanent and designated field to
enjoy the sport.
Eugene, wanted to see a paintball club. He
said he will be the first landowner to donate his property for the club.
He said the things he was fined for were untrue.
He said he paid $16,000 and wants a hearing or his money back.
Eugene, recalled on March 14 he brought to the Board a thank you plaque for the
Heart for Homeless event. Today he
came and brought each commissioner an award.
He thanked the Board for help on rural housing.
He commented that it was good business to have the tipping fees higher.
He said it creates jobs and encourages diversion of products out of the
waste stream. He added that places
that have higher tipping fees have better business.
He encouraged the Board to raise the fees.
Eugene, stated that he is a former Resource Recovery Advisory Committee member
and he supports increasing the tipping fee beyond the recommended staff level.
He said it increases the financial incentive for improved recyclable
A. Approval of Minutes: None.
B. Health and Human Services
1) ORDER 07-6-13-1/In the Matter of Awarding a Contract to UNI/CARE,
Inc. in Response to RFP No.
H&HS 20277 for a Health and Human Services Management Information System in
the Amount Not to Exceed $597,909.
2) ORDER 07-6-13-2/In the Matter of Reinstatement of One Member
to the Lane County Health Advisory Committee.
C. Public Works
1) ORDER 07-6-13-3/In the Matter of Awarding Requirement
Contracts to Various Contractors to Establish Unit Prices for Asphaltic Mix
Patching Material Needs During the Period of 7/1/07 to 6/30/08, Contract No.
2) ORDER 07-6-13-4/In the Matter of Amending the On-Call Bridge
and Special Services Agreement with Otak, Inc.
3) ORDER 07-6-13-5/In the Matter of Awarding a Three Year
Requirements Contract to PetroCard Systems, Inc., for the Purchase of Cardlock
Fuel and Fueling Services in Florence, Contract No. RFP06/07 FS-02.
MOTION: to approve the balance of the Consent Calendar.
Green MOVED, Sorenson SECONDED.
VOTE: 4-0 (Dwyer out of room).
Fleenor asked if this was People Soft compatible.
Rob Rockstroh, Health and Human Services, said they do millions in
billing and this is getting to where the public safety system currently is.
He added that it is allowing them to collect client data and tracking and
they are not able to currently do that.
Fleenor asked if it was a double billing.
Rockstroh responded that it was meant to be a clinic management system.
MOTION: to approve ORDER 07-6-13-1
Fleenor MOVED, Sorenson SECONDED.
VOTE: 4-0 (Dwyer out of room).
Fleenor said he wanted a discussion about the membership makeup.
He said as per their decision to make all of their committees uniform,
there are 12 members on this committee. He
asked if they should continue with the 12 members or to retract to 5 plus 2
Rockstroh said the statutory requirements for this didn’t work in the
model the Board chose. He said the
Board of Commissioners is the Board of Health
and they have to have a dentist and doctor on the committee, as they are
statutory positions. He indicated
it is ruled by ORS. 431.412. He
said they treated the Health Advisory Committee as a surrogate Board of Health.
MOTION: to approve ORDER 07-6-13-2
Green MOVED, Dwyer SECONDED.
a. ORDER 07-6-6-3/In the Matter of Ordering the Appointment of a
Lane County Local Government Member of the Benton, Lane, Lincoln, Linn Regional
Stewart recalled that this item was pulled off the Consent Calendar last
week regarding the appointment of a government member.
He indicated two people applied for the position:
Mayor Phil Brubaker and Mayor Don Hampton.
He said through the voting, Mayor Brubaker was recommended to be
appointed to the Regional Investment Board.
MOTION: to approve
Phil Brubaker for appointment to the Regional Investment Board.
Green MOVED, Stewart SECONDED.
Stewart said he has respect for Mayor Brubaker and he was concerned
about the acquisitions that have been made against him.
VOTE: 2-3 (Fleenor,
Sorenson, Dwyer dissenting).
MOTION: to approve
ORDER 07-6-6-3 with Don Hampton as the member of the Regional
Dwyer MOVED, Sorenson SECONDED.
VOTE: 4-1 (Green
b. DISCUSSION/Signing a Letter in Support of LCOG’s Application for a
Grant for Integrating Transportation and Resource Planning for Highway
126 West Corridor Between the Eugene Urban Growth Boundary and the City of
Veneta’s West Urban Growth Boundary
MOTION: to approve
signing a letter in support.
Dwyer MOVED, Fleenor SECONDED.
Tom Stinchfield, Public Works, explained that ODOT would put up $50,000
of the match. He said the package
would be $50,000 in cash from ODOT, $20,000 in cash from the city of Veneta.
He said the County’s role would be County staff participation, using
some in-kind match. He said they
are assuming from the County’s interest in ODOT issues that the Board wants
the County to be a player and the County staff should participate.
He stated that this is a first step study that would provide an
environmental base line. He added
that it is not the beginning of a formal ODOT project development process.
He said the 126 corridor is important to Lane County and to the state
because it connects Highway 101 and the I-5 corridor.
c. Information about Failed Measure
Green requested allowing Amber Fossen, Public Information Officer, to do
research on the last failed measures they put forth to the public.
He was at AOC last week and they have been successful in passing
measures. He said one of the
strategies they avoid is to not use language such as if the measure doesn’t
pass they will eliminate services. He
said they had done testing and it was proven that it is unsuccessful as it comes
across as a threat to the people. He
wanted to go back to look at the messages they put out, to see if the message
was consistent and part of a trend on how they put messages out to the public.
Fleenor thought it was a good idea. He thought it should be linked to
the Listening Tour.
Sorenson thought it was good information to have and an analysis of the
May election would be helpful. He
recalled that Lane County voters did pass one of two measures that were in front
of them. He said the charter
amendment was passed by the voters.
d. Discussion on Announced Retirement
Greta Utecht, Human Resources, discussed different proposals on hiring a
replacement for County
Administrator Bill Van Vactor
Van Vactor indicated that he would not participate in this process after
today. He recommended using a
national search. He thought
communication was the key role for the administrator. He gave his retirement notice but he offered
to stay on with the County at his current hourly rate up to December 31.
MOTION: to accept Van
Vactor’s offer to stay on.
Dwyer MOVED, Green SECONDED.
d. Listening Tour
Stewart recommended that each commissioner choose one date and location
to do an initial listening tour. He
asked to choose dates in July or August and they will get something that will
work for each commissioner.
Sorenson encouraged the Board to think about a Tuesday or Wednesday
night or Saturday for the listening tours.
He reported the structure of the meetings hasn’t been worked on and any
ideas should be submitted to the Agenda Team.
He wanted to find out the disconnect between the measures they put out
and the response.
Fleenor suggested that instead of doing a listening tour for each
district that they choose it by geography.
Green wanted to make sure these are successful.
He thought it would take a huge effort on everyone’s part.
He asked who was going to coordinate the meetings.
Dwyer thought it needed to be on a short term basis.
He commented that the public comes up with fixes that are not possible.
He said they have to let the public know they are not in control of PERS.
He stated that the presentation needs to be consistent with what they have tried
and what they are in control of.
a. Status Report on I-5 Willamette River Bridge Project.
Tim Dodson, ODOT, gave a presentation about the I-5 Willamette River
Bridge Project. (Copy in file).
b. REPORT BACK Permit Refunds.
Craig Starr, Land Management, explained that in Sanitation and Planning
they get few permit refunds. He
said they either have done the work or not.
He said there was rarely a case where they have to determine what a
permit should be. He indicated that there has been a history of delays.
He commented that things look better with the timeliness of permit
refunds compared to three or four years ago.
He noted that no refunds are older than two years.
He indicated that the improvement started a couple of years ago when
there was a change in staff assigned to process permit refunds.
He commented that there are limits as to what one part-time person is
able to do when she has other responsibilities.
Starr commented that in building there are more permit refunds than the
other program areas. He noted in
Sanitation they might get four to six requests for refunds a month.
He added in Building they might get that many in a day.
He said they are more complicated and more people are involved.
He recalled in years past, it was more important to have technical people
on board because of concern about getting work out the door than it was to have
clerical support staff.
Starr explained that one of the reasons that permit refunds don’t
happen sooner is that they have not been a board priority.
He said getting permits out affects more customers than getting refunds
processed. He indicated that the
financial impacts to a customer and a delay in getting their permits out are
often times greater than someone waiting for a modest refund.
He thought having work on permits should be the top priority.
Starr started working on simplifying the refund process.
He said because they have to meet government accounting standards related
to the public funds, some of their financial accounting processes are onerous.
He didn’t think they would be able to change their accounting practices
because they are obligated under law to do certain things. He said he brought in extra help to work on the refund
backlog they have. He reported in
the past week they had processed 12 refunds.
. He commented that using
extra help to do this work without dealing with the underlying systemic problems
is not getting them anywhere.
Fleenor thought they should model off a commercial design like a Costco
or Walmart. He asked what the
volume of refunds was versus staff time.
Starr replied that for the calendar year 2006, they issued about $41,000
refunds. He didn’t know if that
would cover a full year or not. He
said there is a backlog and had those been done in 2006, he didn’t know how
much more than the $41,000 it might have been.
Stewart thought that once they got people into positions in Land
Management and have time to work on this that they will see changes.
He commented that the most important thing to him is customer service and
getting things done in a timely manner.
Green said the issue is the shortage of clerical support and no back up
positions. He added that refunds
are not as high a priority as getting building permits out.
He wanted to give direction to continue what they are doing about getting
permits out. He thought there could
be a way to get to the issue of the refunds.
He thought it would take Board commitment to make refunds a priority and
as high as getting permits out.
c. ORDER 07-6-13-6/In the Matter of Amending Lane Manual 60.875
(Lm 60.875) Authorizing The Waste Management Division To Increase Disposal Fees
Effective September 1, 2007.
Patti Hansen, Waste Management, indicated that she is presenting a fee
increase recommendation from staff and the Finance and Audit Committee.
She reported that Waste Management Division is only funded by fees
collected at the landfill and transfer stations.
She added that the division’s enterprise fund operates independent from
the general fund and the road fund. She
recalled that Finance and Audit Committee agreed with staff’s recommendation
of a $16.50 per ton fee increase. She
added that the committee also recommended an additional increase of $3.50 per
ton for a total fee increase of $20.00 per ton, effective September 1, 2007.
She stated that Waste Management Division has not requested a fee
increase in 12 years. She said
staff has established a five year financial plan that confirms the $16.50 fee
increase per ton will keep the operation stable for four years.
She added that the increase will enable them to make the necessary annual
contributions to the landfill development, closure and post closure funds. She
said they are required by DEQ to maintain specific balances in the closure and
post closure funds at all times. She
indicated the funds are audited annually to ensure they maintain the required
DEQ financial assurance balances the division must comply with for operating a
Hansen explained that the additional $3.50 per ton increase or $800,000
annually was a recommendation from Finance and Audit to be administered as
follows: 1) Nuisance site clean up.
She said a portion of the fees collected shall be used to fund the clean
up of nuisance properties identified by Lane County and directed by the Board.
She expected that the majority of the sites will be identified through
the Land Management Division Compliance Program. She indicated that the Board
will set criteria and guidelines to determine which sites are eligible for use
of the funds. She added that the
Board will authorize use of funds for each specific clean up project by board
With regard to the waste diversion opportunities, Hansen reported that a
portion of the fee collected will be used for projects approved by the Board
designed to divert or prevent waste material from the landfill including but not
limited to research and development. She
added that on a monthly basis 60 percent of the fees collected will be
accumulated and maintained for the nuisance site clean up and 40 percent for
waste diversion opportunities. She
noted that on or before July 2011, the Board will review collection and
utilization of the funds authorized by Lane Manual and may adjust the fees at
MOTION: to approve
Green MOVED, Dwyer SECONDED.
d. ORDER 07-6-13-7/In the Matter of Electing Whether or Not to
Hear Arguments on an Appeal of a Hearing Official's Decision Denying a Request
to Change the Zoning of 38 Acres of a 118-Acre Parcel From Non-Impacted Forest
Lands (F-1) to Impacted Forest Lands (F-2) as Provided by Lane Code 16.252.
(File Pa 06-6054 /Dockum).
Thom Lanfear, Land Management, explained that this is an appeal of a
hearing’s official decision. He
noted that the property is located north of Noti along Poodle Creek Road. He
said it is a 118 acre parcel and the applicant is proposing to change the zoning
of 38 acres from F1 Non-Impacted Forest Lands to F2, Impacted Forest Lands.
He said the hearings official held a hearing on November 16, 2006 and
issued a decision on March 29, 2007 and denied the request.
He indicated that a timely appeal was filed by the applicant and his
agent. He said it has come to the Board to decide whether or not
they wish to hear the appeal.
Lanfear explained the options are to hear the appeal on the record, to
not hear the appeal and remain silent on the hearing’s official’s decision
or to not hear argument in the appeal but to expressly agree with the
interpretations of the comprehensive plan policies or ordinances made by the
hearings official in the decision. He
said in order for the Board to use the option to hear the appeal, there are
criteria to make the decision. He
noted there are four criteria listed in Lane Code.
He said if the Board finds that one or more of them is met by the appeal
and issues raised in the appeal, they will schedule it for a hearing on the
record.. He said the four criteria
to be used is whether there is an issue of countywide significance, whether
there is an issue that will reoccur with frequency with a need for policy
guidance, an issue that involves a unique environmental resource for the
planning director or hearings official recommends review. He indicated that staff has gone through the appeal issues
and made an analysis. He added that
the planning director and hearings official do not recommend review.
He said one of the main criteria used to evaluate this zone change
proposal is found in Goal 4, and it is tied with some decisions the Board had
made in the past.
MOTION: to move
Option 2 for ORDER 07-6-13-7.
Dwyer MOVED, Sorenson SECONDED.
HEALTH AND HUMAN SERVICES
a. ORDER 07-6-13-8/In the Matter of Reappointing One Member to
Fill Vacancies on the Mental Health Advisory Committee/Local Alcohol and Drug
MOTION: to approve
Green MOVED, Dwyer SECONDED.
CORRESPONDENCE TO THE BOARD
Fleenor announced his Coffee and Conversation at
Green announced that there will be an MPC Meeting at
the Eugene Library. He also
mentioned CVALCO’s annual celebration dinner.
Stewart indicated that Mayor Piercy sent him an
e-mail regarding the West 11th Transportation Planning Group.
He said Fleenor was asked to be involved but attendance is hard for him
because of the time of the meeting. Stewart
stated that Piercy believes there should be Lane County representation.
Fleenor stated that he tentatively appointed his RAC
Advisor, George Goldstein to attend for him.
Stewart asked Fleenor to contact Mayor Piercy so it
meets her satisfaction.
EXECUTIVE SESSION as per ORS 192.660
There being no further business, Commissioner Stewart adjourned the
meeting at 3:30 p.m.